CYPRUS v. TURKEY JUDGMENT
79
A. The scope of the complaints before the Court
1. The applicant Government's submissions
330. In the applicant Government's submission, the Commission had
incorrectly excluded from the scope of its examination on the merits several
major complaints on the ground that they had not been raised in specific
form at the admissibility stage of the proceedings and were thus not in
substance covered by the admissibility decision. The complaints in question
related to, inter alia: pervasive discrimination against and the degrading
treatment of the Gypsy community, in breach of Article 3; degrading
treatment of Turkish Cypriots, including arrests and detention of political
opponents and of those who sought asylum in the United Kingdom because
of human-rights violations, in breach of Article 3; the conferment of
extensive jurisdiction on military courts to try civilians, in breach of
Article 6; and violations of the right to respect for private and family life
and the home of indigenous Turkish Cypriots through a policy of mass
settlement and colonisation by mainland Turks, in breach of Article 8.
331. The applicant Government disputed the Commission's approach to
the interpretation of the admissibility decision and in particular its view that
the above-mentioned complaints were only expanded on at the merits stage.
They asserted that all of the above-mentioned issues had either explicitly or
by necessary implication been raised as complaints at the admissibility
stage. The applicant Government argued that the evidence which they had
adduced at the merits stage did not raise new issues but was relevant to the
issues or grounds of complaint already raised. They sought support for this
view in their contention that the respondent Government had replied to
these complaints in their observations of November 1997 and were given
until 27 August 1998 by the Commission to forward further observations
following Cyprus's submissions on 1 June 1998. They added that the
Commission had itself laid down the scope of the complaints to be
considered in the mandate which it had assigned to the delegates on
15 September 1997. The applicant Government insisted that all of their
complaints were within the scope of the mandate as defined by the
Commission.
2. The Court's response
332. The Court notes that the Commission declared admissible
complaints introduced by the applicant Government under Articles 5, 6, 10,
11 and 13 of the Convention and Article 1 of Protocol No 1. These
complaints were made with respect to Turkish Cypriots. The Commission
also declared admissible complaints under Articles 3, 5 and 8 of the
Convention in relation to the treatment of Turkish-Cypriot Gypsies who had
sought asylum in the United Kingdom. The Court observes that in respect of